The Role of the Convention on the Rights of the Child (CRC) in Protecting Refugee Children

Malaysia is a party to the Convention on the Rights of the Child (CRC). This paper will explore whether the provisions in the CRC is sufficient in protecting the interest of refugee children in Malaysia due to the fact that Malaysia is not a party to The United Nations Convention on the Status Relating to Refugees 1951. The paper adopts doctrinal analysis as to who are refugees, the current issue surrounding refugees and to identify the problems due to the non - ratification of Malaysia to the 1951 Refugee Convention and to suggest any solutions to resolve the issue in hands. The paper concludes that despite that Malaysia is not a party to the 1951 Refugee Convention, CRC is suffice to protect refugee children in Malaysia as Malaysia already incorporated the articles of CRC in the Child’s Act 2001. As there were no reservation on Article 22 of the CRC which touches on the protection accorded to refugee children, it is the contention of the writer that the government are being put in an obligatory position to provides what are necessary to refugee children be it in the form of education, health or the well-being of refugee children that is tantamount to their best interest as a child.